Depending on your state, you may be able to request in your petition that the court give you use of the family home , at least on a temporary basis, and order your spouse to move elsewhere, if necessary. In many states, you can also request that the court order that you have access to certain bank accounts, credit cards, vehicles, or other property. Typically, judges will require that financial arrangements stay as close to status quo current arrangement as possible while the case is pending.
Many divorce petitions include automatic financial restraining orders , which prevent either spouse from selling assets or using savings during the divorce proceeding and without the other spouse's consent. For example, if your spouse has become violent or emptied the bank accounts, you may be able to ask for an emergency protective order in your petition. You should consult with a local family law attorney to see if you should also ask for emergency relief.
Do-it-yourself forms may be found at
Skip to Main Content. By Aaron Thomas , Attorney. Grounds for Divorce Every divorce petition must include the "grounds" for divorce, which are the legal reasons for the divorce.
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Depending on your state, fault grounds may include any of the following: adultery abandonment commission of a felony or long-term imprisonment habitual drunkenness or drug use impotence preventing consummation of the marriage severe mental illness cruelty domestic violence living separately for a significant period of time, or other grounds specific to each state. Child-Related Issues As stated above, your divorce petition should list the ages and names of all children living in your household. Filing Divorce Papers in Pennsylvania.
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Get Professional Help. Since not all forms require a fee, ask the clerk if the document you want to file requires a fee.
The parties can agree to mediate or one or both parties may request the court to order it. The social study is a court-ordered investigation of the circumstances and home life of the parents and the child.http://360contentcms.dev3.develag.com/114-how-do.php
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The parties are usually ordered to each pay half of the cost of the social study. File this form when you and the other party cannot agree to a temporary arrangement for parenting, child support, or other issues before the final hearing date. The Order of Referral to Mediation is an order the judge signs after ordering the parties into mediation. A Motion for Mediation is typically required before a judge will order the parties into mediation.
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Court papers must be served on the person being sued unless that person waives their right to service of the papers by signing the Waiver of Service form in front of a notary public. This form indicates that you waive your right to have court papers served on you.
Read the waiver carefully to make sure that you understand the rights that are being waived. Do-it-yourself forms may be found at TexasLawHelp.
Basic Information in a Divorce Petition
File the Motion for Mediation together with the Mediation Order contact local law library. Motion for Social Study The social study is a court-ordered investigation of the circumstances and home life of the parents and the child. Motion for Temporary Orders File this form when you and the other party cannot agree to a temporary arrangement for parenting, child support, or other issues before the final hearing date.